Cantor Law Group

Our Location

40 N Central Ave, Suite 2310
Phoenix, AZ 85004

Free Consultation

(602) 254-8880
Call Now, Open 24/7
  • Home
  • About
  • Adoption
  • Divorce
  • Child Custody
  • Child Support
  • Spousal Support
  • Contact
November 11, 2020
Posted on November 11, 2020 Author By dmcantor Categories Blog

10 Qualities to Seek in a Divorce Attorney

Divorce can be the most stressful event in a person’s lifetime. Aside from dissolving a marital relationship, it often marks the end to a certain lifestyle, faith in love, a child’s innocence, or a legacy. The assistance of a qualified divorce attorney becomes compulsory to resolve several legal issues and avoid conflicts; this helps speed up the proceedings and allow a smooth transition, which is tolerable if not painless. If you and your spouse are not on friendly terms, working through the divorce without a lawyer is a huge mistake. Seek the following qualities in the lawyer you choose to represent you in the case:

1.     Competence

Make sure your lawyer possesses the license to practice law in your state and that family law is their niche. Their knowledge and expertise in the relevant field is integral to your success. Make enquiries about their previous cases or request a portfolio. Ask enough questions to perceive how much they know about local divorce laws.

2.     Eminence

Years of experience are of no use if accompanied by a suspicious reputation and low success rate. Look out for reviews of the lawyer’s previous clients and other people in law enforcement. You will be at a disadvantage if your lawyer does nothing more than provide the necessary documentation.

3.     Courtroom Experience

Not many divorce cases go to trial, but that does rule out the possibility. Many family lawyers are only inclined towards an out-of-court settlement, even if it goes against the interests of the client. An attorney with some courtroom experience is more capable of handling a complicated divorce; he/she shall strive to give you an edge in tricky matters, such as child custody, alimony, and child support.

4.     Honesty

Your divorce lawyer must be someone you can trust and confide in. In return, they must be honest about your options in the case. Sugar coating the situation or giving false hopes does no good to anyone. When you and your lawyer are frank or candid with each other from the beginning, a messy finale is averted.

5.     Compatibility

If you feel uncomfortable, coldshouldered, or neglected while speaking to a lawyer, walk away. The attorney you hire must be willing to understand you and emotionally invest in your case. When you and your lawyer are on the same page, the opposing party hardly stands a chance.

6.     Objectivity

If you and your spouse cannot agree on anything, the divorce can turn into a prolonged legal battle. To overcome such anomalies, you need an attorney who can maintain neutrality. If everyone joins in the fight, the proceedings might continue for months or years.

7.     Composure

Heated arguments, preposterous accusations, and aggressive behavior is expected when both parties have their differences. The best divorce lawyers know how to keep calm and act professionally under all circumstances.

8.     People Skills

A lawyer’s job description implicates a lot of talking, hence good communication skills are entailed. A divorce attorney must possess excellent judgment of character, power of persuasion, active listening skills, and the ability to keep a discussion flowing.

9.     Confidence

An assertive lawyer is a force to be reckoned with; he/she excels at negotiation and putting up convincing arguments. You need a divorce attorney who knows what they are doing and can become your pillar if your confidence waivers.

10. Problem Solving Skills

Division of assets and decisions involving childcare can raise a lot of concerns for both parties. Good divorce lawyers also play the role of an exceptional mediator. They can devise solutions that suit their client, without offending the other party. Lawyers with problem solving skills know how to lighten up the situation when things get out of control.

November 5, 2020
Posted on November 5, 2020 Author By dmcantor Categories Blog

When is Divorce Litigation Necessary?

Litigation is not ideal in a divorce, yet frequently chosen by couples who are looking to terminate their marriage. If both partners in the relationship are on friendly terms, they can easily avoid a great deal of stress and conflict by opting for mediation, arbitration, collaborative divorce, or DIY divorce. Generally speaking, divorce litigation has its disadvantages but it is inevitable under certain circumstances. Litigation is definitely more complex, tiresome, time-consuming, and costly than out-of-court settlements. However, just because you chose litigation does not mean that your divorce case will automatically end up in the courtroom.

Majority of divorce cases go through litigation, but only 5% make it to a court trial. Texas Civil Litigation Attorney conveys that divorce litigation is the only solution available to resolve disputes among the divorcing parties. All cases are presented in family court; the assessment of the judge or jury dictates the final outcome. It is essential to note that courtroom litigations are risky because your fate lies in the hands of an entity that does not personally know you and your spouse. You forego the right to make decisions regarding all aspects of divorce, ranging from distribution of marital assets to child custody.

Divorce Litigation becomes a necessity in the following situations:

One Spouse Rejects the Motion

If you have a valid reason for seeking divorce and you have talked it over with your spouse, they ought to respect your wishes. Unfortunately, in some cases one party is adamant on defying the notion, irrespective of all efforts made by their partner to persuade them. In some scenarios, the husband or wife is not ready to accept the end of the marriage and move on. If you find yourself in a similar situation, you may request legal authorities to intervene.

The Couple does not agree on anything

Asset division, child custody, child support, and alimony are hot topics in divorce litigation. Both partners have very different ideas regarding financial management and parenting plans. If the couple cannot negotiate or reach a compromise on their own, mediation or arbitration may help. At times, one or both parties purposely disagree with the other to make a scene or cause annoyance. When the divorce turns into a competition or war, litigation is the only feasible method to put an end to the chaos.

One Party is being Unreasonable

The divorce becomes ugly when one party is trying to be civil, but the other is out of line. The troublemaker may refuse to listen to the attorney or a mediator. In some cases, one spouse attempts to block assets or alienate the children from the other parent.

Health Issues, Addiction, & Abuse

If one of the spouses is struggling with alcohol or drug addiction, he/she could be a threat to their partner and children. The addiction may also lead to financial deficits and domestic violence. Domestic violence comes in many forms: physical, psychological, financial, and emotional. An aggressive spouse can be dangerously intimidating and controlling; they will manipulate or exploit the victim in several ways to keep them tied up in the relationship. Similarly, attaining divorce from a person who is mentally unstable or ill could be problematic, thus legal assistance is crucial.

January 8, 2013
Posted on January 8, 2013 Author By dmcantor Categories Blog

What to include in Divorce Papers and Documents?

Divorce is a complex matter, and one that has laws in place which have to be followed for it to go smoothly. When someone is filing for divorce, the most important thing to do is to have all the divorce papers in order and decide beforehand about how the assets and debts will be divided, what will the custody and visitation arrangements be and who will provide child support? Since divorce is a legal matter, it is important that everything is done in accordance with the law. A layman will not be well versed with the legal implications of the matter, therefore, most people choose to hire a divorce attorney to handle all the paperwork for them.

Hiring a lawyer is important in a divorce case as the divorce laws vary from state to state. A lawyer will be well versed with the divorce laws of the region and will also know about the specific laws concerning child custody and related aspects. A divorce lawyer will also help you cover all your bases before you file for divorce and even after your divorce. Hiring a lawyer becomes even more important when you have acquired property and debts during your marriage. Usually, couples who have been married for a while fall in this category. Couples who have children will also require a lawyer to handle matters like alimony, child support and visitation.

Whether your divorce case seems like a simple one or a complicated one, you should have the following documents ready:

  • Marriage license
  • Property deeds and titles
  • Vehicle details and titles
  • Birth certificates of children (if any)
  • Bank Account details
  • Details for any loans and credit accounts
  • Details for any pension and retirement accounts
  • Your tax records for last year
  • Insurance Papers
  • Mortgage and loan details

Apart from these documents, the divorce papers should also include the grounds for divorce, custody arrangements for children, both physical and legal, detail for visiting schedules, child support calculations, detail for relocation provisions, division of property and assets and division of debts, loans, mortgages, savings and other financial or investment accounts. The couple must also provide details for any checking, savings and financial investments. If you have children, you must provide details of who will be responsible for the child’s health coverage, and which parent will claim the children as tax dependants.

Couples also have the option of filling their divorce papers and filing them at the courthouse themselves. However, in such a case, you must take your time to fill out the divorce documents as you are legally bound to anything you write down and submit in court.

January 6, 2013
Posted on January 6, 2013 Author By dmcantor Categories Blog

What is a High Net-Worth Divorce?

A high net-worth divorce involves a couple with substantial marital and personal assets. The question during a divorce becomes who gets control of the majority of the assets. During a high net-worth divorce, there are numerous considerations to take into account in the proper division of the assets like stocks and investments, vacation properties and family home.

A high net-worth divorce requires a more complex and substantially more in-depth representation. There might be business-related tax implications or financial scenarios related to high tax brackets that a lawyer would need the expertise and savvy to recognize.

Not every high net-worth couple started out that way; a lawyer has to know how to search for assets gained during the marriage and who contributed to the accumulation of the assets along with the liabilities. Any prenuptial agreements must be taken into account as well. There is often expensive art work to be divided as well as vehicles and retirement funds.

It is essential to hire a lawyer that has handled divorces when the couple is in a high tax bracket. The problems are unique, and the solutions are often creative, savvy and complex. High net-worth divorces can be high drama and high stakes, so the lawyer needs to be prepared to assemble a team of experts to dispute many of the petitions that come to the law office. The process can be long, drawn-out and bitterly combative.

Whether the divorce is combative or amicable, it can take up to a year to a resolution. While waiting for the divorce, the couple is in a state of suspension. There is no set decision on how assets are to be divided. A client can take out a temporary order until the divorce is final. Temporary orders lay out the proper, temporary behavior that the divorcing couple must maintain until the divorce decree.

Temporary orders lay out custody arrangements and visitation. If one parent refuses to allow the other parent visitation, that can lay the groundwork for a temporary order. Until the divorce is final, or the temporary is changed before a judge, the temporary orders stay in effect. The temporary order can provide a restraining order that stops the couple from selling any assets that came from the marriage, or the restraining order can keep one spouse away from the other.

[button color=red url=http://phoenixdivorcelawyeraz.com/contact-us target=self]Click Here for a Confidential Phone Call with an Attorney.[/button]

“We Outwork the Other Guys™”

Location

40 N Central Ave, Ste 2310
Phoenix, AZ 85004

Phone: (602) 254-8880

Click here for Directions

For Criminal Law questions please go to DM Cantor.

© 2023 Cantor Law Group
  • Blog
  • Contact Disclaimer
  • Sitemap
  • Privacy Policy